HF 1513

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to children; including socioemotional
development in early childhood health and development
screening; including possible availability of mental
health screening in notice to parents of truant
children; amending Minnesota Statutes 2004, sections
13.32, subdivision 2; 121A.17, subdivisions 1, 3, by
adding a subdivision; 121A.19; 125A.02, subdivision 1;
260A.03; 260A.04, subdivisions 2, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 13.32,
subdivision 2, is amended to read:

Subd. 2.

Student health and census data; data on
parents.

(a) Health data concerning students, including but not
limited to, data concerning immunizations, notations of special
physical or mental problems and records of school nurses are
educational data. Access by parents to student health data
shall be pursuant to section 13.02, subdivision 8.

(b) Pupil census data, including emergency information and
family information are educational data.

(c) new text begin Results from student mental health screenings must not
be maintained in the student record.
new text end

new text begin (d) new text end Data concerning parents are private data on individuals
but may be treated as directory information if the same
procedures that are used by a school district to designate
student data as directory information under subdivision 5 are
followed.

Sec. 2.

Minnesota Statutes 2004, section 121A.17,
subdivision 1, is amended to read:

Subdivision 1.

Early childhood developmental screening.

Every school board must provide for a mandatory program of early
childhood developmental screening for children once before
school entrance, targeting children who are between deleted text begin 3-1/2 deleted text end new text begin three
new text end and four years old. This screening program must be established
either by one board, by two or more boards acting in
cooperation, by service cooperatives, by early childhood family
education programs, or by other existing programs. This
screening examination is a mandatory requirement for a student
to continue attending kindergarten or first grade in a public
school. A child need not submit to developmental screening
provided by a board if the child's health records indicate to
the board that the child has received comparable developmental
screening from a public or private health care organization or
individual health care provider. Districts are encouraged to
reduce the costs of preschool developmental screening programs
by utilizing volunteers in implementing the program.

Sec. 3.

Minnesota Statutes 2004, section 121A.17,
subdivision 3, is amended to read:

Subd. 3.

Screening program.

(a) A screening program must
include at least the following components: developmental
assessments, new text begin a socioemotional development screening, new text end hearing and
vision screening or referral, immunization review and referral,
the child's height and weight, identification of risk factors
that may influence learning, an interview with the parent about
the child, and referral for assessment, diagnosis, and treatment
when potential needs are identified. The district and the
person performing or supervising the screening must provide a
parent or guardian with clear written notice that the parent or
guardian may decline to answer questions or provide information
about family circumstances that might affect development and
identification of risk factors that may influence learning. The
notice must clearly state that declining to answer questions or
provide information does not prevent the child from being
enrolled in kindergarten or first grade if all other screening
components are met. If a parent or guardian is not able to read
and comprehend the written notice, the district and the person
performing or supervising the screening must convey the
information in another manner. The notice must also inform the
parent or guardian that a child need not submit to the district
screening program if the child's health records indicate to the
school that the child has received comparable developmental
screening performed within the preceding 365 days by a public or
private health care organization or individual health care
provider. The notice must be given to a parent or guardian at
the time the district initially provides information to the
parent or guardian about screening and must be given again at
the screening location.

(b) new text begin (1) The socioemotional development screening shall be
conducted with a screening instrument approved by the
commissioner of human services, as the designated state mental
health authority, according to criteria that are updated and
issued annually to ensure that approved screening instruments
are valid and useful for this population.
new text end

new text begin (2) new text end All new text begin other new text end screening components shall be consistent with
the standards of the state commissioner of health for early
developmental screening programs. A developmental screening
program must not provide laboratory tests or a physical
examination to any child. The district must request from the
public or private health care organization or the individual
health care provider the results of any laboratory test or
physical examination within the 12 months preceding a child's
scheduled screening.

(c) If a child is without health coverage, the school
district must refer the child to an appropriate health care
provider.

(d) A board may offer additional components such as
nutritional, physical and dental assessments, review of family
circumstances that might affect development, blood pressure,
laboratory tests, and health history.

(e) If a statement signed by the child's parent or guardian
is submitted to the administrator or other person having general
control and supervision of the school that the child has not
been screened because of conscientiously held beliefs of the
parent or guardian, the screening is not required.

Sec. 4.

Minnesota Statutes 2004, section 121A.17, is
amended by adding a subdivision to read:

new text begin Subd. 4a. new text end

new text begin Follow-up socioemotional development
screening. new text end

new text begin If the results of a school district-conducted
socioemotional development screening of a child indicates a need
for further assessment, the district is not financially
responsible for a mental health diagnostic assessment. The
district may notify a child's parents or guardians of the
screening results, and may provide referrals to community
providers. If a child is without health coverage, the district
must refer the child to an appropriate health care provider.
This subdivision does not preclude the district from providing
educational assessments.
new text end

Sec. 5.

Minnesota Statutes 2004, section 121A.19, is
amended to read:

121A.19 DEVELOPMENTAL SCREENING AID.

Each school year, new text begin for each child screened according to the
requirements of section 121A.17, new text end the state must pay a district
deleted text begin $40 deleted text end new text begin $50 new text end for each child screened deleted text begin according to the requirements of
section 121A.17 deleted text end new text begin at age three, $40 for each child screened at
ages two and four, and $30 for each child screened at age five
and older new text end . If this amount of aid is insufficient, the district
may permanently transfer from the general fund an amount that,
when added to the aid, is sufficient.

Sec. 6.

Minnesota Statutes 2004, section 125A.02,
subdivision 1, is amended to read:

Subdivision 1.

Child with a disability.

Every child who
has a hearing impairment, visual disability, speech or language
impairment, physical handicap, other health impairment, mental
handicap, emotional/behavioral disorder, specific learning
disability, autism, traumatic brain injury, multiple
disabilities, or deaf/blind disability and needs special
instruction and services, as determined by the standards of the
commissioner, is a child with a disability. In addition, every
child under age three, and at local district discretion from age
three to age seven, who needs special instruction and services,
as determined by the standards of the commissioner, because the
child has a substantial delay new text begin , emotional disturbance, new text end or has an
identifiable physical or mental condition known to hinder normal
development is a child with a disability.

Sec. 7.

Minnesota Statutes 2004, section 260A.03, is
amended to read:

260A.03 NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A
CONTINUING TRUANT.

Upon a child's initial classification as a continuing
truant, the school attendance officer or other designated school
official shall notify the child's parent or legal guardian, by
first-class mail or other reasonable means, of the following:

(1) that the child is truant;

(2) that the parent or guardian should notify the school if
there is a valid excuse for the child's absences;

(3) that the parent or guardian is obligated to compel the
attendance of the child at school pursuant to section 120A.22
and parents or guardians who fail to meet this obligation may be
subject to prosecution under section 120A.34;

(4) that this notification serves as the notification
required by section 120A.34;

(5) that alternative educational programs and services may
be available in the district;

new text begin (6) that an assessment for underlying issues that are
contributing to the child's truant behavior, including a mental
health screening, may be available;
new text end

deleted text begin (6) deleted text end new text begin (7) new text end that the parent or guardian has the right to meet
with appropriate school personnel to discuss solutions to the
child's truancy;

deleted text begin (7) deleted text end new text begin (8) new text end that if the child continues to be truant, the
parent and child may be subject to juvenile court proceedings
under chapter 260C;

deleted text begin (8) deleted text end new text begin (9) new text end that if the child is subject to juvenile court
proceedings, the child may be subject to suspension,
restriction, or delay of the child's driving privilege pursuant
to section 260C.201; and

deleted text begin (9) deleted text end new text begin (10) new text end that it is recommended that the parent or guardian
accompany the child to school and attend classes with the child
for one day.

Sec. 8.

Minnesota Statutes 2004, section 260A.04,
subdivision 2, is amended to read:

Subd. 2.

Community-based action projects.

Schools,
community agencies, law enforcement, parent associations, and
other interested groups may cooperate to provide coordinated
intervention, prevention, and educational services for truant
students and their families. Services may include:

(1) assessment for underlying issues that are contributing
to the child's truant behavior new text begin including a mental health
screening new text end ;

(2) referral to other community-based services for the
child and family, such as individual or family counseling,
educational testing, psychological evaluations, tutoring,
mentoring, and mediation;

(3) transition services to integrate the child back into
school and to help the child succeed once there;

(4) culturally sensitive programming and staffing; and

(5) increased school response, including in-school
suspension, better attendance monitoring and enforcement,
after-school study programs, new text begin classroom modifications and
accommodations, new text end and in-service training for teachers and staff.

Sec. 9.

Minnesota Statutes 2004, section 260A.04,
subdivision 3, is amended to read:

Subd. 3.

Truancy service centers.

(a) Truancy service
centers may be established as facilities to receive truant
students from peace officers and probation officers and provide
other appropriate services. A truancy service center may:

(1) assess a truant student's attendance situation,
including enrollment status, verification of truancy, and school
attendance history;

(2) assist in coordinating intervention efforts where
appropriate, including checking with juvenile probation and
children and family services to determine whether an active case
is pending and facilitating transfer to an appropriate facility,
if indicated; and evaluating the need for and making referral to
a health clinic, new text begin mental health provider, new text end chemical dependency
treatment, protective services, social or recreational programs,
or other school or community-based services and programs
described in subdivision 2;

(3) contact the parents or legal guardian of the truant
student and release the truant student to the custody of the
parents, guardian, or other suitable person; and

(4) facilitate the student's earliest possible return to
school.

(b) Truancy service centers may not accept:

(1) juveniles taken into custody for violations of law that
would be crimes if committed by adults;

(2) intoxicated juveniles;

(3) ill or injured juveniles; or

(4) juveniles older than mandatory school attendance age.

(c) Truancy service centers may expand their service
capability in order to receive curfew violators and take
appropriate action, such as coordination of intervention
efforts, contacting parents, and developing strategies to ensure
that parents assume responsibility for their children's curfew
violations.